Section 387 BNSS: Discharge of offender on submission of apology

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 387 BNSS at a Glance

Section 387 BNSS deals with discharge of offender on submission of apology. It replaced Section 348 CrPC on 1 July 2024.

Was CrPC

Section 348 →

Section 387 BNSS Bare Act Text

387. Discharge of offender on submission of apology

When any Court has under section 384 adjudged an offender to punishment, or has under section 385 forwarded him to a Magistrate for trial, for refusing or omitting to do anything which he was lawfully required to do or for any intentional insult or interruption, the Court may, in its discretion, discharge the offender or remit the punishment on his submission to the order or requisition of such Court, or on apology being made to its satisfaction.

Source: Section 387, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 387 BNSS in Simple Words

Section 387 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is about discharge of an offender on submission or apology.

Where a Court has under Section 384 BNSS adjudged an offender to punishment, or has under Section 385 BNSS forwarded the offender to a Magistrate for trial, for refusing or omitting to do anything which the offender was lawfully required to do or for any intentional insult or interruption, the Court may, in its discretion, discharge the offender or remit the punishment on the submission of the offender to the order or requisition of such Court, or on apology being made to its satisfaction.

When Section 387 BNSS Applies

  • The Court has under Section 384 BNSS adjudged an offender to punishment, or has under Section 385 BNSS forwarded the offender to a Magistrate for trial.
  • The adjudging or forwarding was for refusing or omitting to do anything which the offender was lawfully required to do or for any intentional insult or interruption.
  • The Court may, in its discretion, discharge the offender or remit the punishment.
  • The Court may do so on the submission of the offender to the order or requisition of such Court, or on apology being made to its satisfaction.

Example of Section 387 BNSS

Under Section 384 BNSS, a Court adjudges Vikram to punishment for an intentional insult to the Court. Vikram submits to the order of the Court, or an apology is made to the satisfaction of the Court. Under Section 387 BNSS, the Court may, in its discretion, discharge Vikram or remit the punishment.

When Section 387 BNSS Does Not Apply

  • Section 387 BNSS speaks of an offender adjudged to punishment under Section 384 BNSS or forwarded to a Magistrate under Section 385 BNSS. It does not deal with a person who refuses to answer or to produce a document. Section 388 BNSS is titled Imprisonment or committal of person refusing to answer or produce document.

Section 387 BNSS in the CrPC (Previous Law)

Section 387 BNSS replaces Section 348 CrPC from the old criminal code.

Section 348 CrPC and Section 387 BNSS have the same heading and the same text, except for renumbered cross-references. Section 387 BNSS refers to Section 384 BNSS and Section 385 BNSS where Section 348 CrPC referred to Section 345 CrPC and Section 346 CrPC.

View CrPC Section 348 →

FAQs on Section 387 BNSS

When may a Court discharge an offender or remit punishment under Section 387 BNSS?▼

Where a Court has under Section 384 BNSS adjudged an offender to punishment, or has under Section 385 BNSS forwarded the offender to a Magistrate for trial, for refusing or omitting to do anything which the offender was lawfully required to do or for any intentional insult or interruption, the Court may, in its discretion, discharge the offender or remit the punishment.

On what footing may the Court discharge the offender or remit the punishment under Section 387 BNSS?▼

On the submission of the offender to the order or requisition of such Court, or on apology being made to its satisfaction.

Whose discretion does Section 387 BNSS speak of?▼

The text says that the Court may, in its discretion, discharge the offender or remit the punishment.

What changed from Section 348 CrPC to Section 387 BNSS from 1 July 2024?▼

Section 387 BNSS has the same heading and the same text as Section 348 CrPC, except for renumbered cross-references. Section 387 BNSS refers to Section 384 BNSS and Section 385 BNSS where Section 348 CrPC referred to Section 345 CrPC and Section 346 CrPC.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·